When you are hurt in a car accident triggered by an inattentive, speeding, drunken, and otherwise irresponsible driver, their insurance cover should pay for the damages you incur. However, the motorist may lack the appropriate or sufficient coverage to pay for your automotive fixes, medical expenses, and other damages. Thankfully, help is closer than you think.
Our knowledgeable Hampton car accident lawyers at John Foy & Associates can explore your rights and legal alternatives once you’ve been in a car accident with an uninsured driver.
Hampton’s Mandatory Liability Coverage Policy
Hampton follows Georgia state laws which stipulate that each individual who wishes to register and legally drive their vehicle needs to have mandatory state minimum insurance.
Each motorist should have sufficient insurance to cover at least $25,000 in bodily harm or fatality to another party, and at least $50,000 for each mishap. In addition, motorists should be able to pay at least $25,000 in property destruction reparations.
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Why do Drivers Drive Without Liability Coverage?
Uninsured drivers are a liability to the state and their fellow drivers, as well as other motorists. This is why several jurisdictions have fines and punishments for drivers who are found driving without insurance. However, this still does not deter some individuals from venturing behind the steering wheel without valid auto insurance.
Being uninsured should act as a warning for drivers to be extra cautious on the road, but some still continue to drive recklessly and cause tragic accidents. Their lack of proper or sufficient coverage also does not change the fact that damage inflicted by a car collision often results in thousands of dollars in expenditures. Most motorists are not in a position to finance those repair costs without the backing of insurance providers.
Georgia, like most other US states, requires all drivers to continuously maintain mandatory liability insurance to legally drive in the state. Severe penalties could be imposed when a driver is found on the road with a lapse in coverage. In the event of a crash with an uninsured motorist, having uninsured motorist insurance could come in handy.
Demonstrating Liability in an Uninsured Motorist Incident
In order to retrieve compensation in a Hampton car accident lawsuit, you should first prove that the other driver was at fault. You should then establish that the motorist owes you an obligation of care and that they failed to fulfill that requirement.
You should also show that the violation caused the crash and that you suffered substantial harm as a result of it. When liability has been determined, the motorist is usually responsible for any losses you have suffered. However, sometimes you may not recoup any compensation from a motorist who does not have coverage.
An uninsured motorist lawyer in Hampton can review your case and advise you of your next steps.
Comparative Negligence and Damages
Comparative negligence is yet another consideration to evaluate during a personal injury claim in Hampton. State legislation makes it clear that an accident can be caused by more than one party. A victim may recover damages against an at-fault defendant under the contributory negligence principle if they are 50 percent or less at fault.
In an auto accident case, compensation may be used to pay for both monetary losses, like medical bills, and non-monetary shortfalls, like pain and suffering. Hospital expenditures and lost earnings must be extensively documented. With car crash litigation, damage to property along with car repairs are also commonly earmarked for compensation.
What Are Your Rights If You’re Struck by a Driver Who Is Not Insured?
While uninsured motorist coverage is not required under Georgia law, driving without one could put you in a precarious situation when you are involved in an accident, without being at fault. If you were struck by an uninsured driver, the cover allows you to recover your damages from your insurer, since you cannot obtain compensation from the at-fault driver.
Even when the motorist does not have sufficient coverage, other insured entities may share liability for the accident. If the uninsured motorist was driving a car that was covered by their employer, the firm’s insurance coverage might be applicable.
Another alternative is to file a personal injury claim against the motorist and demand recompense from their personal funds. However, this may prove fruitless if the defendant does not have the financial potential to pay the total damages.
Getting Your Compensation After an Accident with an Uninsured Motorist
Although trying to claim damages from an uninsured driver is usually futile, this does not rule out the possibility of collecting reimbursement. What makes the process difficult is that you have to offer crucial evidence alongside your claim to show your provider that they are indeed obligated to pay for your damages.
With the help of a skilled Hampton uninsured motorist accident attorney, you can gather and preserve the crucial evidence from the accident scene, as well as witness testimonies that can prove that the other driver was the negligent party.
You should also have extensive documentation of all the damages you incurred. You should begin by going for medical attention as soon as you can after the collision for the medical professionals to document your injuries.
Ensure that you also keep a record of all associated medical costs and any time you have lost from work due to the injuries you sustained. Demonstrating hardship to your insurance provider could enable you to get compensation for pain and suffering.
Contact an Uninsured Motorist Accident Attorney in Hampton Today for a Free Consultation
If the driver who hit you was uninsured, the pressure is often amplified. Luckily, a skilled Hampton uninsured motorist accident lawyer can assess your situation and clarify your rights under the law and the steps you should take to get compensated for your losses. This includes scouring for all alternative sources of compensation to ensure that you can pay for the damages you incurred after the incident.
With John Foy & Associates on your team, you can be at peace knowing that somebody is negotiating with the insurance provider as well as other entities on your behalf.
Our experienced attorneys understand how stressful it could be after suffering an accident and that is why they do all the heavy-lifting for the case as you concentrate on recovery. Contact us today to tell us about your accident and we can guide you on your next steps.